MR. J. COWENasked the President of the Board of Trade, Whether it is by permission of that Board that the Wantage Tramway has its rails above the road, in violation of the Act of the 33rd and 34th Victoria, cap. 78, sec. 25, which requires that every Tramway—
Shall be laid and maintained in such a manner that the uppermost surface of the rail shall be on a level with the surface of the road?
§ MR. J. G. TALBOTSir, I am informed that at the time of the inspection of the tramway at Wantage, before it was opened, the rails were found to be laid level with the road. The Board of Trade have not given, and have no power to give, permission to the promoters of a tramway to lay the rails above the level of the road. The maintenance of the road between the rails and 18 inches on each side of them lies with the Tramway Company; and if they fail in their duty, the road authorities, if they think fit, may themselves, after seven days' notice to the Company, do the necessary work at the expense of the Company.